MATTER OF VESCIO v. LEVITT


53 A.D.2d 934 (1976)

In the Matter of Frank E. Vescio, Appellant, v. Arthur Levitt, as Comptroller of The State of New York and Administrator of The New York State Employees' Retirement System, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 1, 1976


The petitioner upon his retirement from employment by the City of Yonkers had accrued 75 days of unused vacation in his last three years of employment and received a lump sum payment for such time. The respondent has allowed him 30 days of such payment to be considered in computing his final average salary for the three-year period specified in the pertinent provisions of section 2 of the Retirement and Social Security Law. The petitioner contends that he has a vested right...

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